Bombay High Court Denies Relief To Advertising Firm Director Bhavesh Bhinde In Hoarding Collapse Case

The Bombay High Court has dismissed the petition filed by Advertising Firm Director Bhavesh Bhinde who was arrested in the Ghatkopar hoarding collapse case.

Bhavesh had argued before the Court that the incident was an "act of God" and that his arrest was illegal in nature.

A Division Bench of Justice Bharati Dangre and Justice Manjusha Deshpande observed that there is no legal infirmity and no impairment in the procedure mandated while arresting a person.

The Court said that the procedural safeguards, which are indefeasible and receive recognition through the Constitution, which have considered liberty of the citizen to be of paramount importance, is not impaired in any manner.

"We find no legal infirmity. The ground of illegal arrest and detention by the petitioner is nothing but a faux. There is no impairment in the procedure. The petition is dismissed", the Bench remarked.

In this case, an FIR was registered against Bhavesh, the director of Ego Media Private Limited which erected the giant hoarding in the city's Ghatkopar area that collapsed which led to the death of 17 and injuring over 70 persons. He submitted that the incident, which occurred on May 13 this year, was an "act of God" and that he should not be held responsible. He was charged with culpable homicide not amounting to murder and was therefore, in the judicial custody. He had sought release on interim bail before the Court. 

"The IMD bulletin failed to predict the severe dust storms with gusty winds that hit Mumbai on the fateful day. On account of the aforesaid, the said hoarding collapsed and not due to improper, faulty construction of the same as wrongly, falsely alleged in the said FIR", his petition said.

It was further claimed that the "unexpected and unprecedented wind speeds of up to 96 kmph" caused the hoarding to collapse, an event for which neither he nor Ego Media Pvt Ltd could be held accountable. According to Bhavesh, the hoarding was legally erected with all requisite permissions.

With PTI Inputs